BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018158
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his award of the Bronze Star Medal with "V" device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 March 1971.
2. The applicant states this award was not entered on his DD Form 214 at the time of his separation.
3. The applicant provides:
* orders awarding him the Bronze Star Medal with "V" device
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 26 March 1969, he was inducted into the Army of the United States.
3. He was assigned to the 1st Battalion, 61st Infantry in the Republic of Vietnam from 12 September 1969 to 25 August 1970. He was assigned to:
* Company C from 12 September 1969 to 4 January 1970
* Headquarters and Headquarters Company from 5 January 1970 to
25 August 1970
4. Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), Camp Red Devil, General Orders Number 1042, dated 6 July 1970, awarded the applicant the Bronze Star Medal with "V" device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam.
5. On 23 March 1971, he was released from active duty. His DD Form 214 shows he was awarded or is authorized the:
* Army Good Conduct Medal
* Combat Infantryman Badge
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that all units assigned in Vietnam from
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.
b. Table B-1 includes the following Vietnam campaigns:
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Bronze Star Medal with "V" device. Therefore, this award should be added to those awards already shown on his DD Form 214.
2. He participated in four campaigns. Therefore, he is entitled to wear four bronze service stars on his Vietnam Service Medal.
3. Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
___X_____ __X_____ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal and by adding the following awards to his DD Form 214 with an effective date of 23 March 1971:
* Bronze Star Medal (with "V" device)
*
Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130018158
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ABCMR Record of Proceedings (cont) AR20130018158
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